Provides that a communication or attorney work product otherwise protected by the attorney-client privilege or which otherwise shall not be obtainable by another party shall not lose its privileged or unobtainable character solely as a result of it being produced by, transmitted to, processed by, stored on, or otherwise facilitated through an artificial intelligence technology; requires authorization from the client to utilize artificial intelligence.
S T A T E O F N E W Y O R K
________________________________________________________________________
11723
I N A S S E M B L Y
September 16, 2026
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Vanel) --
read once and referred to the Committee on Judiciary
AN ACT to amend the civil practice law and rules, in relation to the use
of artificial intelligence and attorney-client privilege and work
product
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The civil practice law and rules is amended by adding a new
section 4552 to read as follows:
§ 4552. ATTORNEY-CLIENT PRIVILEGE AND WORK PRODUCT; ARTIFICIAL INTEL-
LIGENCE. (A) FOR PURPOSES OF SECTIONS FORTY-FIVE HUNDRED THREE, FORTY-
FIVE HUNDRED FORTY-EIGHT OF THIS ARTICLE, AND SUBDIVISIONS (C) AND (D)
OF SECTION THIRTY-ONE HUNDRED ONE OF THIS CHAPTER AND ANY PROVISIONS OF
LAW OR COMMON LAW WHICH MAY RELATE THERETO, A COMMUNICATION OR ATTORNEY
WORK PRODUCT OTHERWISE PROTECTED BY THE ATTORNEY-CLIENT PRIVILEGE OR
WHICH OTHERWISE SHALL NOT BE OBTAINABLE BY ANOTHER PARTY SHALL NOT LOSE
ITS PRIVILEGED OR UNOBTAINABLE CHARACTER SOLELY AS A RESULT OF IT BEING
PRODUCED BY, TRANSMITTED TO, PROCESSED BY, STORED ON, OR OTHERWISE
FACILITATED THROUGH AN ARTIFICIAL INTELLIGENCE TECHNOLOGY, AS DEFINED IN
SUBDIVISION ONE OF SECTION SEVENTEEN HUNDRED OF THE GENERAL BUSINESS
LAW, INCLUDING ONE OPERATED BY A THIRD-PARTY OR ON A PRIVATE SERVER,
PROVIDED THAT SUCH COMMUNICATION OR WORK PRODUCT WAS MADE IN CONFIDENCE
FOR THE PURPOSE OF RENDERING LEGAL ADVICE OR STRATEGY, OR PREPARING,
EDITING, VALIDATING, OR OTHERWISE ASSISTING IN THE PREPARATION OF LEGAL
MATERIALS.
(B) PRIOR TO UTILIZING ARTIFICIAL INTELLIGENCE PURSUANT TO SUBDIVISION
(A) OF THIS SECTION AN ATTORNEY SHALL PROVIDE EACH CLIENT A FORM TO BE
SIGNED AND NOTARIZED AUTHORIZING SUCH ATTORNEY TO USE SUCH TECHNOLOGY
FOR SUCH PURPOSES.
(C) THE FORM DESCRIBED IN SUBDIVISION (A) OF THIS SECTION SHALL BE
EFFECTIVE ON THE DATE THE CLIENT FIRST ENGAGES WITH THE ATTORNEY,
REGARDLESS OF THE DATE SUCH FORM IS SIGNED OR NOTARIZED.
(D) SUCH FORM SHALL EXPLAIN THE RISKS OF USING ARTIFICIAL INTELLI-
GENCE, WHICH SHALL INCLUDE THE RISK OF:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
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